Terms of Use

1. Introduction

Welcome to RC Willey! These Terms and Conditions form a legally binding agreement between you and RC Willey Home Furnishings (“RC Willey", “we", “our” or “us”) governing: (1) your access and use of our website located at www.rcwilley.com, our mobile application, and other websites and/or applications owned and operated by us (“Sites”); and (2) your purchase of our products or services (“Products”). The Sites and Products are collectively referred to here as the “Services”.

2. Acceptance

Please read these Terms and Conditions carefully before you access and use the Services. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. If you do not want to agree to these Terms and Conditions, you must not access or use the Services, or discontinue any access or use of the Services.

3. Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND RC WILLEY CONCERNING YOUR ACCESS AND USE OF THE SERVICES (WITH THE EXCEPTION OF FINANCING RELATIONSHIPS WHICH ARE GOVERNED INDEPENDENTLY) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 25 BELOW.

4. Eligibility

The Services are offered and available to individuals who are 18 years of age or older. By using and accessing the Services, you represent and warrant that you are of legal age to form a binding contract with RC Willey and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

5. Changes

We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post and apply to your access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

6. Account Creation / Accessing the Services / Account Security

Amending the Services. We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion with or without notice. From time to time, we may restrict access to all or parts of the Services.
Accessing the Services. You are responsible for both: (1) making all arrangements necessary for you to have access to the Services; and (2) ensuring that all persons who access the Services through your internet connection are aware of these Terms and Conditions and will comply with them.
Creating an Online Account. To access and/or use the Services, you will be required to sign-up for an online account and submit certain information about yourself or your business. You may be asked to submit other information about yourself or your business while otherwise using the Services, including uploading certain documentation to the Services. It is a condition of your use of the Services that all information you provide through the Services, including but not limited to any documentation uploaded to the Services, is correct, current, and complete.
Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session on our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Disabling the Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or any other user has violated any provision of these Terms and Conditions.
Keeping the Account Active. You must use your account to keep it active. This means you must sign in occasionally to keep your account, and associated Services, active. We have the right to disable any account that is deemed to be inactive by us at our sole discretion.
Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can verify your identity. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised at our sole discretion.
Account Ownership. You understand and acknowledge that you have no ownership rights to your Services account, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted and may be deleted from our systems. Information may be retained at our sole discretion.

7. Trademark and Acceptable Use

Protected Materials. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials”) are owned by RC Willey, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Marks. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including but not limited to the RC Willey name and logo and other trademarks registered in the United States (collectively, “Marks”) are the sole property of RC Willey. In addition, all page headers, custom graphics, and custom icons are Marks of RC Willey.
Limited Use. These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

Prohibited Uses. You must not: You must not:

Modify copies of any materials from our Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Access or use for any commercial purposes any part of the Services or content contained therein.

Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by RC Willey. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

8. Notice of Copyright Infringement

Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), RC Willey has implemented procedures for receiving written notification of claimed infringements. RC Willey has also designated an agent to receive notices of copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to support@rcwilley.com containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice email to support@rcwilley.com containing the following information:

Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, your email address, and your mailing address.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
In any way that violates US international trade laws (including, without limitation, any laws and regulations implementing US and international sanctions programs on individuals, entities, or persons in sanctioned countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate RC Willey, a RC Willey employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RC Willey or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

10. Mobile/SMS Terms

Mobile Features / SMS Messaging. Some of the Services or offerings through the Services may have features that contain features for wireless device users (“Mobile Features”) and may allow you to opt-in to mobile services including SMS and/or MMS messaging programs (“SMS Messaging”). Your wireless provider may charge you for using Mobile Features or SMS Messaging, including fees related to the receipt of text messages or related to the transmission of data from your mobile device.
Additional Fees. In order to receive Mobile Features or utilize SMS Messaging, your wireless provider may require you to purchase additional services, and you may have to pay additional fees for those services. You agree that you understand, have knowledge of and accept the fees that your wireless provider may charge you and that RC Willey is not charging you and is not responsible for those fees.
Consent / Autodialer. To the extent you sign up for any Mobile Features or SMS Messaging, you may agree to receive recurring text messages at a rate of 5 messages per week, and you understand that we may use an autodialer or other sort of automated calling system to send marketing text messages to the mobile number you provided at the time of opting-in for any Mobile Features or SMS Messaging. Your consent to receive text messages is not required or not a condition to make purchase or use our services, including but not limited to any feature on our Site. Your wireless provider may apply message or data rates, which you know of and accept.
Opt-Out. You understand that the service may be a recurring message program. You may opt-out of receiving text messages by replying STOP to any message received or by changing your contact methods through the Services. When you reply STOP, you will receive a single confirmatory text message notifying you of and confirming your choice to opt-out of receiving future messages, and no further messages will be sent to the number you provided unless you renew your consent to receive future messages.
Updating Account. If you change or deactivate the phone number you provided to us upon sign up for any Mobile Features or SMS Messaging, you agree to update your account to ensure that any SMS messages intended for your receipt are not sent to any person who may acquire your phone number in the event your wireless provider reassigns your number.

11. Monitoring and Enforcement; Termination

Monitor / Remediation Action. We have the right to:

Take any action with respect to any act through our Services that we deem necessary or appropriate in our sole discretion, including if we believe that such activity violates the Terms and Conditions, including the Content Standards (outlined below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for RC Willey.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions.

Cooperation with Law Enforcement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Services.

12. Social Media & UGC

User-Generated Content (UGC):

Users can upload photos, videos, text, audio, location information, and comments directly onto our website. While RC Willey reviews content before publication, it does not endorse or support all content posted. Users retain discretion over submitted content. By uploading user-generated content to RCWilley.com, users waive all rights to exclusivity, royalties, revocation, payments, or transfers. RC Willey reserves the right to use any uploaded content in promotional emails, advertisements, print, or digital media, and may modify or combine it with other materials at its discretion. Additionally, RC Willey may utilize names, usernames, images, likenesses, captions, locations, or other identifying features submitted with the content as deemed appropriate.
By submitting content to RCWilley.com, users affirm ownership of all rights to their submissions. Users are solely responsible for licensing proprietary rights, including those governed by copyright, trademark, patent, or trade secret laws. Submission of content to RCWilley.com indicates that users possess all necessary licenses, rights, consents, and permissions, including those from individuals appearing in the content. Users assert that they are of legal age, entitled to use the content, and that none of the content is defamatory, libelous, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.
Users release RC Willey and its affiliates from liability related to the use of their submitted content.

Linking to the Sites; Social Media Features

Website Linking: You may link to our Sites if it is fair, lawful, and consistent with these Terms and Conditions without damaging our reputation. You must not establish a link to our Sites that suggests any form of association, approval, or endorsement on our part without our express written consent.

Social Media Features: Our website offers various social media features that allow you to:

Link from your own or third-party websites to specific content on our Sites.
View social media feeds.
Send emails or communications containing specific content or links from our Sites.
Display limited portions of our Site’s content on your own or third-party websites.

You may use these features strictly as provided by RC Willey and solely in relation to the content they accompany, following any additional terms and conditions provided. You must not:

Establish a link from any website not owned or operated by you.
Frame, backlink, deep link, or inline link our Services or any portions thereof without authorization.
Take actions with our materials that contradict any provision of these Terms and Conditions.

The website to which you link, or on which you make content accessible, must comply fully with the Content Standards outlined in these Terms and Conditions. You agree to cooperate in halting any unauthorized framing or linking immediately upon request. RC Willey reserves the right to withdraw linking permissions without notice and may disable all social media features and links at its discretion and without notice.

13. Reliance on Information / Disclaimer of Accuracy of Information

The information presented on or through the Services, or information provided by third parties who are available through links through our Services, including information and data obtained by third-party service providers, licensors, syndicators, aggregators, and/or reporting services is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

14. Privacy

To learn more about the information we collect about and from you when you use our Services, please see our Privacy Policy. By agreeing to these Terms and Conditions, you affirm you have read and understand our Privacy Policy. The Privacy Policy, however, is a statement of information practices only, and is not incorporated herein by reference.

15. Third-Party Applications and Services

Third-party Apps and Services. Certain features offered through our Services may allow you to make payments, access or acquire products, services, websites, links, content, material, skills, integrations, bots or applications from third parties (companies or people who aren’t RC Willey) (“Third-Party Apps and Services”). The third-party Apps and Services may also include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Third-Party Disclosures. Before using the third-party Apps and Services or connecting to those third-party Apps and Services via the Services, you are required to read their applicable privacy policy and terms of use or terms and conditions (collectively, the “Third-Party Disclosures”). You should review the third-party Disclosures before acquiring, using, requesting, or linking your RC Willey account to any third-party Apps and Services.
Modification. Any third-party disclosure does not modify any of these Terms and Conditions.
Limitation of Liability. You are solely responsible for your interactions with any third parties, and compliance with the third-party Disclosures. RC Willey is not and will not be responsible to you or others for information or services provided by any third-party Apps and Services in connection with your use of the Website or otherwise.

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL SUBMITTED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY THIRD-PARTY APPS AND SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RC WILLEY NOR ANY PERSON ASSOCIATED WITH RC WILLEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RC WILLEY NOR ANYONE ASSOCIATED WITH RC WILLEY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RC WILLEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RC WILLEY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless RC Willey, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including, but not limited to the use of any Third-Party Apps and Services and any use of the Services’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services.

19. Force Majeure

Under no circumstances shall RC Willey be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

20. Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver

Disputes. The terms of this section shall apply to all Disputes between you and RC Willey. For the purposes of this section, “Dispute” shall mean any dispute, claim, controversy or action between you and RC Willey, including but not limited to disputes concerning these Terms of Use, your use of the Services, and/or privacy or publicity rights, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. YOU AND RC WILLEY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS OF USE SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY RC WILLEY FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
Binding Arbitration. You and RC Willey agree: (1) to arbitrate all Disputes between you and RC Willey pursuant to the provision of these Terms and Conditions; (2) these Terms and Conditions memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms and Conditions.
Dispute Notice. In the event of a Dispute, you or RC Willey must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving (the “Dispute Notice”). The Dispute Notice to RC Willey must be addressed to support@rcwilley.com and 2301 South 300 West Salt Lake City, UT 84115 (“RC Willey Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If RC Willey and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or RC Willey may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court’s jurisdiction and is pending only in that court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST RC WILLEY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND RC WILLEY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Consumer Arbitration Rules (“AAA Rules”), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms and Conditions. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Hearing Format. Unless otherwise agreed, the arbitration shall take place in Travis County, Texas, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by RC Willey, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RC Willey is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Arbitration Fees. RC Willey will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or RC Willey pursuant to these Terms of Use. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms and Conditions by sending a written letter to RC Willey at 2301 South 300 West Salt Lake City, UT 84115 within thirty (30) calendar days of your initial agreement to these Terms and Conditions (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms and Conditions shall continue to apply.
Amendments to this Section. Notwithstanding any provision in these Terms and Conditions to the contrary, you and RC Willey agree that if RC Willey makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms and Conditions, RC Willey will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the RC Willey Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms and Conditions, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms and Conditions.
Exclusive Venue for Other Controversies. RC Willey and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within Salt Lake City, Utah, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such.

21. California Consumer Notice

California users are entitled to the following consumer rights notice: The Services are provided by RC Willey at 2301 South 300 West Salt Lake City, UT 84115. If you have a question or complaint regarding the Services, please contact us by writing to 2301 South 300 West Salt Lake City, UT 84115. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
RC Willey is committed to compliance to California's Proposition 65.

Donation: Numerous charitable organizations gladly accept gently used mattresses for donation. Before proceeding, ensure your mattress meets their acceptance criteria. RC Willey recommends utilizing online resources to locate the nearest mattress donation facility.
Recycling: In compliance with California law, RC Willey provides mattress recycling services to our customers. Most customers can conveniently turn in their old mattress at any of our Distribution Centers. Refer to our Locations page for more information. Please be aware that certain biohazard conditions may restrict the acceptance of some mattresses.
Haul-Away/Disposal: When purchasing a mattress from RC Willey in the state of California, your old mattress can be hauled away at no additional cost at the time of delivery. If your purchased mattress is delivered via common carrier (such as FedEx, USPS, UPS, etc), please call customer service at 888-773-7270 within 30 days of your delivery to arrange for free pickup of your used mattress. Please note you must reside within our standard delivery zone. The same biohazard acceptance criteria mentioned above applies for mattress pickup.

CalRecycle

22. Governing Law; Jurisdiction and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of law’s provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.

23. Waiver and Severability

No waiver by RC Willey of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RC Willey to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

24. Entire Agreement

These Terms and Conditions, and if applicable the RC Willey Master Agreement constitute the sole and entire agreement between you and RC Willey regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

25. Contact Us

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@rcwilley.com.